Politics

Mar 27, 2017

The debate over when voters get to cull election fields has been around Minnesota’s Capitol for years, but June primary advocates hope it has finally shifted in their favor. Their push has the backing of Democratic Gov. Mark Dayton, incoming Republican House Speaker Kurt Daudt and key state party officials. Opponents are fine-tuning arguments that a June election brings more pitfalls than benefits. . . .

State Democratic Party Chairman Ken Martin expects to join forces with GOP counterpart Keith Downey, who has advocated for a June primary in the past. Daudt, now the top House member, has previously been chief sponsor of the legislation.

The proposal’s fate rests with buy-in from rank-and-file legislators, many of whom take personal considerations into account. For one, the Legislature typically meets until late May, tying lawmakers down in St. Paul when potential primary challengers are freed up to campaign back in the district. There’s also the prospect of special sessions creating a backdrop where legislators on overtime face the real-time wrath of an annoyed electorate.

Hope springs eternal, and bills (HF729/SF514) are working their way through the Minnesota House and Senate to make it so.

As we read the House bill, Minnesota's 2018 primary would be the first to be affected by the legislation (often bills that change the election calendar don't take effect until the next campaign cycle but not so here) and the 2018 primary would be held on Tuesday,June 19, 2018.

Curious about how that might affect the campaign calendar, we reached out to Secretary of State Steve Simon's communication office for a schedule. Communications director Ryan Furlong sent us this chart comparing the calendar according to current statute with the one for a June primary should the law be passed:

Schedule of Events in 2018

If the Primary is moved to the 1stTuesday after the 3rdMonday in June

Current 2018 Proposed 2018

Party Caucuses date Feb 6 or party determined date Feb 6 or party determined date

According to staff at the Minnesota Legislative Reference Library (MLRL), the date to reconvene on even years is set late in the odd-year session. Following this tradition, no date has been set for the legislature to get it together in 2018.

Other March starts? March 6, 1984 and March 1, 2006. While there were a few late February convenings, the sessions mostly started between mid-January and mid-February since the 1972 amendment was passed.

Those lawmakers wishing to retain partisan endorsements will have to influence party activists by the caucus on February 6, 2018, since that's when the delegate selection and endorsement process begins. That partisan endorsement calendar will have to be truncated in order for the state parties to endorse a candidate before the filing deadline of April 10.

Dave Hughes, the 2016 Republican candidate who came relatively close to knocking the old Blue Dog off the house, is also running again. Hughes won the 2016 endorsement on April 30, 2016. Seventh District Republicans would have to hold their endorsing convention before the April 10, 2018, filing date for Miller to file for his state house seat again should the delegates give Hughes a second chance; candidates cannot file for two offices.

There's talk that the DFL might exhume and fluff up former state senator Lyle Koenen for the 17A seat; if it's an open seat, there's a chance that the salting of the earth against Koenen by the Freedom Club PAC might not deter voters from selecting the genial Clara City politician. Lots of House seniority there from the years when he served in the House prior to the late Gary Kubly's death.

It's not just Miller who will have to make the choice between a secure seat in the Minnesota House or constitutional office (and for some DFL constitutional officers, that position and the governor's office). On the Republican side, we're told in the media that Speaker Kurt Daudt, R-Crown, representative Sarah Anderson, R-Plymouth, and representative Matt Dean, R-Dellwood, are potential contenders for the opening left by Mark Dayton's retirement.

On the DFL side of the aisle: start with the ambitions of Paul Thissen, DFL-Minneapolis, who lost the endorsement at the state convention in 2010 to former Speaker Margaret Anderson Kelliher, DFL-Minneapolis. The legislature had adjourned, but the August primary allowed Thissen to file for his House seat and stay in the game. Former Range representative Tommy Rukavina and Roseville's senator John Marty did the same.

Unless the DFL and Republican state conventions occur before the April 10 deadline, one can foresee crowded primary ballots on June 19--potentially with the likes of Daudt, Anderson and Dean gone from the House Republican caucus in 2019, while Thissen, Rochester's Tina Leibling and St. Paul's Erin Murphy gone from the DFL caucus. For state auditor Rebecca Otto, a declared candidate, and attorney general Lori Swanson, long a rumored candidate, there'd be no turning back from whatever office they filed by April 10. Congressman Tim Walz, who declared himself as a gubernatorial candidate Monday, would also have no way of doubling back in the First.

Should the parties hold all endorsing conventions for state house districts, congressional districts and state constitutional offices by April 10, Bluestem thinks that furious calendar will leave a lot of exhausted activists. Since no one knows when the 2018 session begins, we hesitate to speculate about the stamina of the lawmakers themselves.

The Minnesota DFL is proud to announce the location for the 2018 State DFL Convention. From June 8-10, 2018, Minnesota DFLers will gather in Rochester, MN at the newly remodeled Mayo Civic Center to endorse candidates and conduct official party business.

“The Minnesota DFL has a rich history of investing in our state’s future, defending the civil and human rights of all citizens, and constantly working to move our state forward without leaving anyone behind. When the DFL convenes in Rochester in June of 2018, we will be making critical endorsements that will directly affect the lives of Minnesota’s families.

From June 8-10, 2018 DFL delegates will vote to endorse candidates for Secretary of State, State Auditor, Attorney General, the next Governor and Lt. Governor of Minnesota, and Sen. Amy Klobuchar.

“We are excited to bring our delegates together at the Mayo Civic Center in Rochester to endorse candidates for statewide office. With the results of the 2016 election playing out in the state legislature, Minnesotans are seeing what happens when Republicans are in control. The outcome of the 2018 election is crucial to our state’s future and the DFLers who will gather in Rochester understand the responsibility to endorse great candidates that will continue to build a better Minnesota for all.”

Regardless of the month of the primary, it's probably wise of the DFL to take a mulligan on this one, since even without passage of HF729/SF514, Minnesota House Democrats considering running for constitutional offices would have to chose their office by the current June 5 filing date--just before heading to Rochester. DFL communications director Rachel Boyer confirmed that the party was re-scheduling the date of the convention.

Poor planning or an evil Martinian plot to favor one contender over another? We're not close enough to speculate on just what that was about.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the paypal subscription button.

In February, Dayton indicated he could veto bills perceived as weakening the authority of the state Public Utilities Commission — a group appointed by the governor that regulates the state's electricity, gas and telephone companies. . . .

A common complaint handled by the PUC concerns additional fees some co-op customers are charged after installing solar panels or wind generators.

These customers say the grid connection fees — ranging from $7 to $83 — were a disincentive to install sources of renewable energy. The co-ops say the fees are needed to cover their fixed costs.

The legislation would have sent these disputes to a third-party mediator, not the PUC. But "it does not provide any guidance on how this mediation would work," Dayton said in his letter.

"All Minnesota customers — from family farmers to large businesses — should be able to invest in technology to produce clean and efficient energy with the assurance that the PUC is available to provide consumer protection," the governor said.

Check out the entire article at the Strib.

Cartoon: Ken Avidor for Bluestem Prairie. Some rural co-op customers (they're called "members," but if a person in the co-op's service area wants to get on the electrical grid, there's no alternative suppler) told Bluestem that they felt their rural electrical co-ops were committed to long-term contracts for coal-produced energy, not solar energy produced by members.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the paypal subscription button.

Mar 11, 2017

Both the Swift County Monitor and the West Central Tribune are reporting that the sponsors of legislation to lease or purchase the shuttered private prison owned by CoreCivic, the human traffickers formerly known as Correctional Corporation of America, are hopeful the language will go forward, neither HF1510 nor SF1322, its state senate companion bill, received committee hearings by Friday's deadline.

So how does that work? Spoiler alert: there's a way for the measure to go forward, although they missed the first deadline. This path may also help minimize messy citizen testimony and demonstrations in the state capitol.

A bill that could put the Prairie Correctional Facility in Appleton in a better position to house prisoners at some point in the future has been introduced in the Minnesota House by District 17A Rep. Tim Miller, R-Prinsburg. In the Senate, District 17 Sen. Andrew Lang, R-Olivia, is carrying the bill.

However, the bill has yet to have a hearing and with the deadlines rapidly approaching in the Minnesota Legislature for bills to be heard, time is running out for it to move forward this year. [emphasis BSP]

The bill deadlines are: By March 10 committees must act favorably on bills in the house of origin; By March 17 committees must act favorably on bills, or companion bills, that met the first deadline in the other house; and, By March 31 committees must act favorably on major appropriation and finance bills.

Miller’s bill was introduced in the House Feb. 20 and referred to the Public Safety and Security Policy and Finance Committee. It has yet to be heard in the committee. Though no hearing was scheduled for this week, Miller says that one “is in the works.”

HF2017 - (Clark): Voice of East African Women grant for programs to reduce recruitment of East African youth by violent organizations established, grant to local governments with populations at risk for recruitment by violent organizations established, and money appropriated.

. . . State Sen. Andrew Lang, R-Olivia, and Rep. Tim Miller, R-Prinsburg, expect the legislation they authored to be receiving committee hearings in the next week or two. Miller told the Tribune he is confident the legislation will win approval in the House. Lang said he is optimistic for the legislation in the Senate as well. . . .

We'll see if the bills are added next week, before the second deadline, even though they weren't heard in committee in either body by the first deadline.

DOC Spokester: Challenge Incarceration Programs more effective option

Meanwhile, Cherveny reports that "neither legislator has heard how Gov. Mark Dayton feels about the legislation this session." However, the veteran reporter did ask the Governor's agency about the plan:

The Department of Corrections is not interested in utilizing the space in the Appleton facility, according to [Department of Corrections communications director Sarah] Fitzgerald. The department wants to address the needs by investing in the Challenge Incarceration Programs at the correctional facilities in Moose Lake and Togo. The chemical dependency program reduces recidivism and encourages offenders to change their criminal behaviors, according to Fitzgerald.

"CIP has a recidivism rate of only 32 percent and the additional beds would have an impact of over a half million dollars in cost avoided per year,'' she told the Tribune in an email.

In the West Central Tribune article Miller brings up prison expansion plan that the Dayton administration has abandoned, without getting into specifics about how much re-opening and running the Appleton prison might cost.

Fortunately, there's a document from Miller's last prison rodeo (on behalf of his political contributors): the fiscal note created by House nonpartisan staff for 2016's HF3223. Here's that document:

Bluestem Prairie reached out to Debra Hilstrom, DFL-Brooklyn Center, the minority lead on the Minnesota House Public Safety and Security Policy and Finance Committee, in order to discover how policy bills that missed deadlines might still go forward. Hilstrom speculated that while the House bill itself wouldn't reach the floor without suspension of the rules, committee chair Tony Cornish, R-Vernon Center, could insert funding for leasing/purchasing, then operating the facility, in in his budget bill, which has yet to be unveiled.

According to Hilstrom, HF986 is the "governor's bill" for the courts, public safety and corrections. If Bluestem isn't mistaken (we may be), Cornish can hear testimony on the policy bills, but not move them forward; instead, the measure would be funded in the Public Safety omnibus budget bill.

One supposes that the language might also be slipped into another bill via the amendment process in committee or on the House floor--though that isn't exactly the "hearing" for the bills that Miller and Lang say they've been promised.

Should funding for leasing/purchasing and operating the prison reach the Governor's desk via an omnibus budget bill, Mark Dayton has the option of a line item veto. In Minnesota, a governor can use the line item for a budget line (example here), but not a policy line, Hilstrom explained to Bluestem.

Hilstrom is the author of HF1692, which would require all state and local prisoners to be housed in public facilities, while prohibiting the state and counties from contracting with private prisons. Like its senate companion bill, SF1675 (Ron Latz), the bill did not receive a committee hearing by the March 10 deadline. There's a lot of that going around.

We'll keep watching this issue.

Note: Process isn't Bluestem's forte, so if we've stumbled in this explanation, please let us know.

Photo: The prison fence, with Appleton's water tower behind it.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the paypal subscription button.

Mar 02, 2017

We're starting to see one genuine rural-metro divide in Greater Minnesota media. Republican lawmakers carry on in legislative committees and to metro media about how their constituents hate environmental regulations almost as much as they hate the metro.

Meanwhile, reports in their districts' small town newspapers report that their constituents are showing up at town hall, demanding protection for the environment and the creatures in it.

About 30 area residents showed up last Friday to voice their concerns at a Town Hall meeting that brought Rep. Paul Anderson, R-Starbuck, and Sen. Torrey Westrom, R-Elbow Lake, to the Pope County Courthouse in Glenwood during the legislative session.

After those comments, Anderson was questioned about the mowing of state road ditches. He said it had been a major issue through committee hearings and said that at this point the bill would “take away the permit” requirements and remove the any regulation on a date for mowing. Right now, the law, that’s been on the books for nearly 30 years, states that the state road ditches cannot be mowed before Aug. 1. That, he said, was never enforced until the Minnesota Department of Transportation (MnDOT) decided to enforce it this year.

One of those attending the meeting, said there is a real issue with diminishing numbers of bees, butterflies and other pollinators and “I really think we shouldn’t be cutting everything and start considering what’s happening to our pollinators.”

Anderson stated that he thought that there were other ways to increase and save pollinators, explaining that the there is another 8 million in state land that could be better utilized for pollinators. He also stated that there are about 250,000 acres of state roadside ditches and if the cost is just $10 an acre to mow, farmers are saving the state about $2.5 million per year. “You have to consider that too,” Anderson said.

Another attendee suggested that it was nonsensical to spend all this time “getting rid of plants and now we’re going to have to start replanting those same plants somewhere else. An example was the milkweed.

When asked if there could be some kind of compromise on the date for mowing, Anderson said he would be open to that, since he didn’t think the Governor would sign a bill that allows mowing of ditches at any time.

Residents at the meeting began peppering Anderson and Westrom, who showed up a few minutes late and walked in during the road ditch discussion.

“The problem is the monolithic landscape, one man said. “There’s no flowers for insects or grass for cover, just all corn and soybeans.”

“I agree we need to help our pollinators and that’s important but I’m not sure if not mowing road ditches will help. “Well why should we spend thousands of dollars reclaiming habitat, when we already have it with road ditches?” another asked.

Buffer strips along the state’s waterways, something Gov. Mark Dayton has championed, was also part of the discussion and most at the meeting were in favor of buffer strips to protect waterways. One woman said she moved to Minnesota years ago from North Dakota and said “the lakes now are not the lakes of my childhood.”

She also said that legislators are always talking about costs and thinking in terms of such a idolatrous economy instead of “doing something to hold on to our clean water, land and something beautiful.” . . .

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post. Those wishing to make a small ongoing monthly contribution should click on the paypal subscription button.

Mar 01, 2017

Watching the Minnesota House Environmental and Natural Resources Committee hear bills often seems like a visit to a parallel universe. As we go about our business in far west central Minnesota, buying baked goods (try the scones at Lingonberry in Ortonville), groceries, a fishing license and so forth, people want our natural world to be protected.

Not so with the majority leadership of the House committee, who rage against permitting and geese that poop (plenty of those around Big Stone Lake and the nearby federal wildlife area).

But it's not just us. The Minnesota Environmental Partnership just sent us a press release that reveals the dirty hippies of Big Stone County aren't alone in our nature-hugging attitudes:

At the same time when Minnesota Legislators are debating a torrent of rollbacks shows that Minnesotans of all backgrounds and regions are concerned about our environmental protections and don't want to see proposals that would roll back those protections.

The Minnesota Environmental Partnership (MEP) released a statewide public opinion research poll today. According to the results, nearly three in four Minnesotans (74%) are concerned about rollbacks of our law s that protect our land, air, and water.

"Over the past seven weeks, we've seen a torrent of proposals in the Minnesota Legislature rolling back our environmental safeguards that protect the air we breathe, water we drink, and land we use," said MEP Executive Director Steve Morse. "There have been dozens of proposed rollbacks to our water quality standards; clean, renewable energy systems; equitable transportation options; and more.

"Minnesota voters from all across the state are looking for bold leaders, who stand up for our natural resources, not ones who compromise our core Minnesota values."

The survey of 502 Minnesotans was conducted February 1-5, 2017, by a bipartisan team — Public Opinion Strategies, which conducts polling for Republican candidates, and Fairbank, Maslin, Maullin, Metz & Associates, which specializes in polling for Democratic candidates — includes a 5.3% margin of statewide sampling error.The poll conducted additional surveys in rural Minnesota to gain a more complete picture of public attitudes in these regions of the state.

The study found that:

Minnesotans broadly agree that we need more environmental protections, not fewer, with 62% agreeing that our environmental laws should be tougher or better enforced.

Statewide, 70% of voters would view their legislator less favorably if their legislator voted to weaken environmental laws. The study showed little difference in voters from rural Minnesota (69%) vs those from more urban areas (71%).

Water pollution and disappearing pollinators rank as Minnesota's most urgent environmental concerns.

The Clean Water, Land, and Legacy Amendment has seen growing overwhelming support. The Amendment passed with a 56-39 margin in 2008, and today, three out of four (75%) of Minnesotans support the Legacy Amendment.

81% of Minnesotans are concerned about runoff from farms polluting Minnesota's lakes, rivers, and streams.

83% of Minnesotans support the phasing out of the use of pesticides proven to harm pollinators.

We've downloaded the full poll and embed it below for our readers' easy access:

Dec 31, 2016

The Swift County Monitor reports that Minnesota House Public Safety Chair Tony Cornish would like to lease the closed private prison in Appleton--and that Corrections Corporation of America has rebranded itself as CoreCivic.

Swift County is already gearing up to make another effort to get the State of Minnesota to lease or buy the Prairie Correctional Facility in Appleton.

At the county board’s meeting Dec. 19, Commissioner Gary Hendrickx, District 1-Appleton, reported that he and Commission Chair Pete Peterson, District 3-south Benson, had attended a meeting of representatives of lobbying firm Goff Public and CoreCivic, the owner of the prison.

CoreCivic is the new name of Corrections Corporation of America, the country’s largest owner of private prison facilities. It changed its name this past fall. . . .

Also at the meeting was District 17A state Rep. Tim Miller, R-Prinsburg, and state Senator-elect Andrew Lang, R-Olivia. The meeting was called to formulate a strategy for lobbying the Legislature during the 2017 session. . . .

It has been estimated that reopening the prison would create 350 jobs for western Minnesota, have a $13 to $15 million payroll, and provide a significant boost to the local economies of the many small towns from which the employees come.

Hendrickx told fellow commissioners that it seems that the appetite to purchase isn’t as strong as it was last year; there is more of an appetite to lease, he said.

Republican Tony Cornish, chair of the state House’s Public Safety and Crime Prevention Policy and Finance Committee, seems to have more of an appetite for a lease, Hendrickx said. The lease doesn’t require the big upfront dollar amount a purchase would, he said.

Minnesota Democrat Gov. Mark Dayton, who has not looked at any use of the Appleton prison favorably, still has indicated he leans toward a purchase if it is done.

For the Appleton area, whether it is a lease or a purchase, it is the jobs that are important, Hendrickx said. But it is also important that the agreement that is reached whether a purchase or a lease shows a commitment to use the facility for the long term to ensure job stability, Hendrickx said. [emphasis added]

Unintentional humor? The story is filed under Death Notices. It's also clear from Commissioner Hendrickx that for Swift County, this thrust isn't about overcrowding or concern for the inmates, as was claimed during the session, but jobs.

[Miller] did manage to snag some campaign cash from Corrections Corporation of America's executives and their spouses, as well as from a couple of CCA corporate lobbyists. From his pre-general election report to the Minnesota Campaign Finance and Public Disclosure Board (available here):

All that money must be smooth as Tennessee whiskey for blunting the blow of rejection by Swift County's finest news source (We're not being snarly about the Monitor, whose editor is highly respected among country newspaper people).

Screenshot: We're not sure if the Swift County Monitor wanted to file this story under the obits.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

It's an article of faith among corporate lobbyists and public affairs storytellers--and the lawmakers from both parties who love them-- that those of us who live in Greater Minnesota loathe environmentalism.

Meet Johanna Rupprecht, the young woman from Winona County who is the Rochester Post Bulletin's Newsmaker of the Year. Rupprecht clarified rural values and organized people in Southeastern Minnesota to stand for those values.

On Nov. 22, the Winona County Board of Commissioners did something no other county in Minnesota — likely in the nation — had done. On a 3-2 vote, the board approved final language of an amendment to the Winona County Zoning Ordinance that effectively banned the mining, storage, processing and transportation of silica sand for fracking.

In the public gallery, as she had done for most board meetings, sat Johanna Rupprecht, the Lewiston native who was a key player — if not the key player — in making this historic moment happen.

After about 17 months of work focused on a ban in Winona County, Rupprecht said it took a moment or two for the final vote to sink in.

It had been such a long process," she said. "In spite of the threats and pressure from the frac sand industry, just the fact we built something so strong, that people built a case for it."

Passing the ban showed an example of democracy working the way it should, she said. That means people expressing their opinions and policymakers listening to their constituents to act upon their wishes. "For the vast majority of the people involved in this, it's about the big picture," she said -- the beauty of the land, the reduction of the use of fossil fuels and the environmental degradation both in Winona County and where the hydraulic fracturing occurs.

Her commitment to the cause was key in her selection as the Post Bulletin's Newsmaker of the Year. . . .

Rupprecht said she was just leading a cause in which she believed.

"The land has inherent value, not just to be used for profit by a few," she said. "Frac sand mining is too destructive. People see what it does to the land and the local communities, and they did not want that."

Read the profile at the Post Bulletin of this remarkable young woman who mobilized thousands. She spent some time in Big Stone County while an intern for Land Stewardship Project (it maintains a western field office in Montevideo), before returning to Winona County where she was raised. If that ain't country. . .

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

Dec 30, 2016

News sources are reporting that another potential nominee for President-elect Donald Trump's Secretary of Agriculture was interviewed in Florida today: former congressman Henry Bonilla.

Given the importance of agriculture, conservation and national forests in Greater Minnesota, the ag secretary nominee concerns the livelihoods and passions of many of Bluestem's readers.

Update, 12/30: Lobbyist for Career Education Colleges and Universities

Via the Clerk of the House of Representatives, we discovered that Bonilla filed a LD-1 Disclosure Report on May 1, 2016, noting that his client Liz Williams & Co, on behalf of Assn of Private Sector Colleges and Universities. This was followed by an LD-2 Disclosure Report for the third quarter (7/1 - 9/30) that lists his client as Liz Williams & Co, on behalf of Career Education Colleges & Universities (CECU).

The Association of Private Sector Colleges and Universities (APSCU) has changed its name to Career Education Colleges and Universities. The governing board for the group, which is the for-profit sector's primary trade association, voted for the change Monday in Orlando, Fla., where the association is holding its annual meeting. Six years ago, APSCU was dubbed the Career College Association.

Many colleges and companies in the for-profit sector have struggled with slumping enrollments and revenue, while several face investigations or lawsuits from states and federal agencies. APSCU also has been buffeted by the industry's problems, announcing last year that big changes were on the way -- beyond the name change. For example, the new CECU said it will court nonprofit colleges as members (a handful of nonprofits currently belong to the group).

The rebranded group will seek to represent any college that works on career education, said Steve Gunderson, CECU's president and CEO.

"Our sector and our association will be even more focused on career education and the necessary work in government relations, leadership, research and communications," he said in a written statement. "We will be the voice and vision of postsecondary career education.”

We're all for career education, especially at public community colleges and technical schools across Minnesota, where students can receive quality certificates, diplomas and degrees in areas of demand, at a fraction of the cost.

Former Texas U.S. Rep. Henry Bonilla of San Antonio emerged Friday as a surprise contender to be President-elect Donald Trump's Agriculture Secretary, making him the fourth Texan to be considered for the job.

Bonilla, a Republican who oversaw congressional spending on farm programs more than a decade ago, emerged from a meeting with Trump saying they had discussed the agriculture job and that the meeting "went very well."

Bonilla, who has worked as a lobbyist since his days in Congress, will likely raise questions about Trump's vow to bring an outsider's perspective to Washington. But Bonilla said he and Trump discussed new ways of doing things in Washington. . . .

Talking to the press pool on Trump's Mar-a-Lago estate in Palm Beach, Florida, Bonilla said, "There were general questions about the agency, general discussion about regulations that farmers want fixed."

He specifically mentioned an Environmental Protection Agency water protection rule that is unpopular with farmers.

In contrast to Democratic nominee Hillary Clinton, who cultivated hundreds of donors from K Street during the first six months of 2016, Trump reported only nine — including former House Appropriations Chairman Bob Livingston of Louisiana and ex-Rep. Henry Bonilla of Texas, both Republicans.

Registered lobbyists and lobbying groups must file semi-annual reports under the Lobbying Disclosure Act detailing their campaign contributions. Many reports have already been submitted for the Jan. 1 to June 30 period, ahead of the Monday deadline. . . .

Bonilla said he agreed to be a surrogate for the Trump campaign, focusing on Hispanic outreach, though he added he has not yet been asked to do any such work. “A lot of people misjudge Hispanics, that they only care about supporting illegal immigration,” Bonilla said. “Many are for abiding by the law and doing immigration legally, but they never get any play in the media.”

Bonilla disclosed a late June $2,700 donation to the Trump Victory Fund, a joint fundraising effort between the real estate mogul’s campaign and the Republican National Committee. Bonilla’s registered clients include American Airlines, cloud computing company Rackspace and the Council for Opportunity in Education, according to lobbying disclosures. . .

But there's more to Henry Bonilla than that. In 2008, Houston Chronicle staff writer Kyle Pendergast reported in a post in the paper's Texas on the Potomac blog, Where Are They Now? Henry Bonilla:

Best Known For: In 1999, then Texas Gov. George W. Bush named Bonilla to serve on his presidential exploratory committee. Additionally, Bonilla often appeared on national news programs as a surrogate speaker for the Bush campaign.

That same year, Bonilla took charge of the American Dream PAC, which sought to “give significant, direct financial assistance to first-rate minority GOP candidates.”

But between 1999 and 2004, only $48,750 of the $547,000 the PAC had received went to benefit minority candidates.

At the same time, more than $100,000 went to other organizations or causes, including a legal defense fund for Tom DeLay and Bonilla’s own reelection campaign. Other expenditures included, but were not limited to, airline tickets, hotels and catering services.

When Bonilla took charge in 1999 of an independent political fund called American Dream PAC, he made clear that its mission was to "give significant, direct financial assistance to first-rate minority GOP candidates". However, between 1999 and the end of 2003, only $48,750 (or 8.9 percent) of the $547,000 the PAC has received, has gone to minority office-seekers, while more than $100,000 has been routed to Republican Party organizations or causes.

Bonilla defends his PAC's record of assisting minority candidates, saying, "We did the best we could." In all, 27 minority office-seekers, predominantly Hispanic-American, received money, mostly small donations. But Bonilla said it was sometimes difficult to find "good, solid minority candidates to expend the funds on".

In July 2003, the treasurer of the PAC pleaded guilty to embezzling $119,021 between 1999 and 2003 and was sentenced to 15 months in prison. The thefts were not discovered until almost four years after they began. "It was a black mark on my judgment", Bonilla said in a 2004 interview.[2]

Bonilla lost his congressional seat to Ciro Rodriguez in the 2006 Democratic wave election, in part because his reputation among Latino voters had faded. From Wikipedia:

. . .a large number of Hispanics and Latinos, who predominantly reside in District 23, had expressed disdain for Bonilla by stating that he had fallen out of touch with the needs and concerns of minorities. His reputation even earned him the nickname "Henry Vanilla," as some Hispanics claimed that Bonilla no longer could relate to his culture.[8] In a year of war, illegal immigration issues, and a proposed border fence, Latinos left the Republicans side in droves.

Okay then. This doesn't look like a guy who'll help drain the metaphoric swamps of Washington DC, though we suspect real duck and goose hunters in Minnesota should keep a close eye on their favorite waterfowl production areas on the prairies if this DC insider gets the nod from Trump.

In 2001, for instance, The Hill reported (via IATP) that Bonilla, acting as chairman of the Appropriations Subcommittee on Agriculture, Rural Development and Related Agencies, removed vital funding from a House agriculture spending bill for the Farmland Protection Program, Conservation Reserve Program, Wetlands Reserve Program and the Wildlife Habitat Incentives Program. The funding enjoyed bipartisan support in the Senate.

We're off to look at Bonilla's Lobbying Disclosure Act filings. We'll report back if we find anything interesting.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

Unfortunately, we were told that the Pollinator Report was still in draft and that no recording was made, but we would be sent minutes of the meeting when they were available.

While Minnesota's open meeting law does not require meetings (other than official "legislative body" committee meetings) to be recorded and made available to the media and the public, Bluestem would think that the Governor's Office, the agencies, and the Environmental Quality Board would tape the meetings in the future.

Why tape the meetings of this executive committee? When the governor issued Executive Order 16-07, requiring the state to take specific actions to reverse the decline of bees and other pollinator populations back in late August, there was much wailing and gnashing of teeth on the part of Republicans, a few Democrats willing to front for the ag chemical industry like so-to-be-former state senator Vicki Jensen, DFL- Owatonna, some farm groups and the ag chemical industry.

The complaint? That they had not been consulted and that the process wasn't transparent. We posted in September about a special House hearing about the matter here--and included the list of those who attended the pollinator summit held last winter. A wide range of stakeholders were invited, including state legislators, farm groups and lobbyists. We sat at a table in conversation with a Monsanto guy, for instance, and recognized a number of other ag lobbyists at the summit from our years of watching Minnesota House ag and environmental hearings.

As far as we could discern, farm groups and pro-pollinator group were kept on a even footing throughout the process that led up to the executive order (and we're puzzled by those who don't think beekeepers aren't part of agriculture).

The governor's office announced the roster of those on the new committee on December 2. Members include beekeepers, farm group representatives like MN Farm Bureau president Kevin Papp, folks from pesticide skeptic and pro-pollinator organizations, bee scientists and other informed people. Taping their future meetings would not only make the process more transparent, but would also lessen the ability of any faction from playing the butt-hurt game.

The latter communication strategy could possibly emerge should the committee decide to follow a "consensus" model, rather that actually making decisions by voting on actions put before the committee. Under Minnesota's open meeting law, such votes must be recorded in minutes for nearly every meeting of an executive-level or agency committee:

Subd. 4.Votes to be kept in journal.

(a) The votes of the members of the state agency, board, commission, or department; or of the governing body, committee, subcommittee, board, department, or commission on an action taken in a meeting required by this section to be open to the public must be recorded in a journal kept for that purpose.

(b) The vote of each member must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute.

Subd. 5.Public access to journal.

The journal must be open to the public during all normal business hours where records of the public body are kept.

A consensus model paired with no audio or video taped meetings is a recipe for mischief.

Let's nip the possibility of this nonsense at the bud. The Minnesota Department of Agriculture and the EQB should tape the meetings (audio is fine).

Looking over the statute also generated a question about the report that was under discussion at the first meeting. Were committee members provided with a copy of the draft? If so, the state open meeting law is suggestive about those documents being open to the public during a meeting:

Subd. 6.Public copy of members' materials.

(a) In any meeting which under subdivisions 1, 2, 4, and 5, and section 13D.02 must be open to the public, at least one copy of any printed materials relating to the agenda items of the meeting prepared or distributed by or at the direction of the governing body or its employees and:

(1) distributed at the meeting to all members of the governing body;

(2) distributed before the meeting to all members; or

(3) available in the meeting room to all members;

shall be available in the meeting room for inspection by the public while the governing body considers their subject matter.

Would such a document be available for review by an individual covering the issue (but who couldn't travel from greater Minnesota to attend the meeting)? Or do documents available to the public at a meeting magically become off limits for data practice requests following the meeting? It's not our area of expertise.

Merry Christmas and Happy Holidays to all our readers.

Clip art: What conversations will go on behind the curtain if meetings aren't taped?

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

President-elect Trump’s pledge to spend billions of dollars on new road and bridge projects could dramatically reshape Minnesota’s transportation priorities, potentially bringing private investment to finance massive public works projects.

In Minnesota and across the nation, elected leaders are scrambling to find ways to pay for road and bridge repair, hampered by limited taxpayer dollars and stiff political resistance to raising the gasoline tax.

Even before he has taken office, Trump’s team has pitched a private investment model that would devote more than $100 billion in tax incentives to lure private businesses to invest in projects.

To recoup their investments, these projects would typically have a revenue stream attached — like a toll on roads or a fare to ride a train. This model could breathe new life into fledging projects like a proposed high-speed train from Minneapolis to Rochester, home of Mayo Clinic. . . .

But some transportation advocates worry the private investment model won’t work in all cases, particularly in rural areas that need new wastewater plants or road repairs.

“If this is the be-all-end-all, it’s not going to be terribly helpful,” said Margaret Donahoe executive director of the Minnesota Transportation Alliance. “It certainly wouldn’t help with greater Minnesota or help with the maintenance of roads and bridges we really need.”

One of the more interesting points of the House Transportation debate was the discussion of an amendment to rename a rural Minnesota highway a “goat trail.” The amendment, offered by House DFL Minority Leader, Paul Thissen (DFL-Minneapolis) stemmed from comments to the StarTribune by freshman Rep. Tim Miller (R-Prinsburg) that Hwy 12 “is in about as good a shape as a goat trail.” The amendment was to ostensibly draw attention to the state of Greater Minnesota roads. In the end, the amendment was withdrawn after nearly 45 mins of debates on “goat trails.

Somehow, Bluestem suspects that private investors won't find the opportunity to fix US Highway by building a toll road between Kerkhoven and Ortonville all that attractive. But using eminent domain to seize property for real estate development along a private elevated train from the south suburbs to Rochester, while also grabbing a tax break? Hot damn.

Trump promised to drain the swamp. Perhaps he just meant wetlands along the corridors of toll roads and such.

Photo: Rural Minnesotans voted overwhelmingly for Donald Trump, whose plans for privatizing investment in transportation may help that SEMN bullet train they don't much like, while leaving the Tim Miller Memorial Goat Trail behind. At least we won't be condescended to or something, even if those private ventures manage to avoid paying prevailing wages. See our October post: Gruenhagen: repairing MN’s aging roads & bridges affordable if we pay workers less.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

The prospect of a high-speed rail line slicing through the rural stretch of land between the Twin Cities and Rochester, and financed by Chinese and other private investors, is to some an exquisite dream.

To others, it’s folly.

. . .[A] privately held Bloomington firm called the North American High Speed Rail Group (NAHSR) is keeping the idea of a high-speed rail line alive. Recently the group said that it was reorganizing and is now known as the Minnesota Corridor Project. None of NAHSR’s officers has experience developing such a project.

The group’s reorganization will continue to meet opposition from a determined grass-roots group called Citizens Concerned About Rail Line (CCARL) and several southern Minnesota lawmakers.

“Do we want Chinese foreign nationals owning the major transportation corridor cutting through the southern portion of Minnesota?” said Rep. Steve Drazkowski, R-Mazeppa. “I don’t think so.” He plans on reintroducing legislation next year that would cripple efforts to build high-speed rail.

Some residents along the route fear that their farms and homes could be taken for public use through eminent domain, a prospect they find even more distasteful because it would be a private company engaged in the taking. They also worry about the project’s impact on the area’s environment, safety and quality of life. And they question whether there’s sufficient ridership to sustain the service.

“There’s nowhere near the capacity to support this,” said CCARL co-founder Heather Arndt, whose farm in Hader is a few miles away from the proposed rail corridor. “There’s no economic benefit for us or local businesses. By taking our farmland, they’re decreasing our income and devaluing our land. . . .

While none of this is a news flash for Bluestem readers, we're happy the Strib is looking beyond the rail group's press releases. Good work.

A year ago Olmsted County took a $2 million loss when MnDOT officially killed zip rail, so why won't it stay dead? . . .

Among the many funny elements of this pipe dream are that it would run entirely down the median of Highway 52, elevated to fly over all crossroads. And the biggest laffer is that the investment would be covered by passenger fares and "high valued" freight like "medical samples."

As Chairman Steve Drazkowski has said, legislation will be presented to the next session of the Legislature to close the door on any MnDOT participation in this scheme.

So signs saying "NO ZOMBIE ZIP RAIL" keep springing up because no one in Goodhue County supports it, and even letter-to-the-editor writers in the Minneapolis Star-Tribune sound dubious.

There's that.

Photo: These yard signs sprang up in warmer weather. Maybe they'll hepl folks understand that common people don't much like the idea that a private firm can use eminent domain to take property for private gain, and such concepts make the peasants resentful. It's not rocket science.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

Bierschbach interviewed Andrew Schmitt, executive director of the Minnesota Beer Activists, and discussed the results of the candidate questionnaire the tenacious advocate sent out:

So ahead of the fall election, Schmitt sent out a survey to every candidate running for the Minnesota Legislature to see where they stood on the Sunday liquor ban. Schmitt didn’t get a response back from everyone, but the ones he did get back were encouraging, with new candidates being much more open to lifting the ban.

Now, heading into the 2017 session, which will convene just after the start of the new year, both sides of the Sunday sales issue are surveying the new makeup of the Legislature to see where the votes could land. In all, there will be 21 new state senators and 23 new House members in the 201-seat Legislature when session convenes — more than enough votes to swing the issue.

“It would be very premature to say that [we have the votes],” Schmitt said. “But there is a lot of new blood, which is good.” . . .

Unfortunately for those of us who want to buy our adult beverages seven days a week, another candidate survey and statewide voter guide by those anti-Sunday sales bluenoses at the Minnesota Family Council, reveals that some of the new faces might not have answered Schmitt's survey, while telling the socially conservative party poopers that they would have voted against Sunday sales.

While the Beer Activists appears to have asked the more general question about full legalization of Sunday alcohol sales, the Minnesota Family Council scored a 2016 vote on Eden Prairie Republican Jenifer Loon's bill to allow municipalities to allow Sunday sales if they wished ("Would you have voted to support or oppose authorizing individual municipalities to allow Sunday liquor sales? (2016 House Journal, p. 8059)").

Minnesota’s 158-year-old ban on Sunday liquor store sales will remain for at least another year.

The House voted 70-56 to keep the ban in place Thursday.

Minnesota is one of a dozen with similar blue laws. Most of the other states are southern, along with Utah, Montana, and Indiana.

Minnesota already allows a few exceptions, mostly approved in recent years. Craft breweries and microdistilleries can make limited sales on Sundays. Restaurants and bars can serve alcohol with municipal approval.

“This is an issue of freedom: economic freedom, freedom for consumers,” said Rep. Jenifer Loon, R-Eden Prairie, whose proposal would have allowed Sunday sales with municipal approval. “The time has come.”

The side-by-side comparison of the answers from winning candidates in the Minnesota House is embedded below. Since the Minnesota Family Council only included a Sunday alcohol sales question for the Minnesota House in its voter guide, we haven't looked at the Minnesota state senate.

While not a one-on-one comparison of the same language, Bluestem thinks it's enough to slow down celebratory cork popping, as newy elected lawmakers like Republicans Matt Gossell, Sandy Layman and Mary Shapiro told the MFC they would have voted against Loon's bill.

We've pulled out the answers to both surveys by the winners in all 133 Minnesota House seats where voters had a chance to elect someone. (Sorry, MN32B voters). We're hoping this handy chart will help focus the efforts to gain a majority of votes in the House.

Legislators whose position isn't known are highlighted in yellow, while we've bolded those who answered "No" to the MFC survey while not returning the MBA survey--or who have contradictory answers on the surveys (incumbents who likely are more sensitive to the nuances of the differences in the language in the surveys.

Photo:Women's Christian Temperance Union members picketing for Prohibition. via Minnesota Historical Society. Our grandmother Sorensen was a member, while Grandpa and the family cat were not.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

Dec 07, 2016

Did Minnesota House Speaker Kurt Daudt break the spirit of Minnesota Statute 10A.071 and violate Minnesota Campaign Finance and Public Disclosure Board Advisory Opinion 287 (Gift to official of special seating rights at athletic event) when he purchased a ticket to sit in Minneapolis Star Tribune and Minnesota Timberwolves owner (and Minnesota United FC investor) Glen Taylor's luxury suite during a Vikings game earlier this month?

A few days back, the Star Tribune's stadium beat reporter Rochelle Olson shared an interesting series of tweets:

The legislation providing the stadium with a key property-tax exemption has been held up by political wrangling between the Legislature and Gov. Mark Dayton, who are at an impasse over a tax bill. The governor could yet call a special legislative session this season, but that’s a major maybe.

The point is, the law (as understood by the board) may suggest that it is irrelevantwhether he paid for the ticket or not, given that Taylor has business before the state.

Rather, both episodes illustrate the moral hazards of crony capitalism and state government at work for privately-held sports stadiums. If we're going to put up with this sort of thing, Bluestem hopes that members of both major parties and their moneyed interest pals join together to rebuild schools, close the graduation gap, create a 21th century distributed electrical grid for clean energy, plant pollinator habitat or other such worthy projects if they really can't restrain themselves from such behavior.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

Sen. Warren Limmer’s new office in the politically toxic Minnesota Senate Building has a smashing view that includes a close-up of the State Capitol, St. Paul’s High Bridge, the downtown Minneapolis skyline and the northwestern horizon that stretches toward his own district in the Maple Grove area.

“I’ve got it all. I’ll never get any work done,” Limmer joked Thursday, the day he and fellow GOP senators moved into the building they once bitterly opposed — and which many in his party brandished like a weapon against DFLers. “I’ll just sit up here and daydream.”

House Speaker Kurt Daudt spent the past year campaigning on the need for political balance in St. Paul. But with DFL Gov. Mark Dayton not seeking re-election in 2018 and the GOP in control of the House and Senate, Daudt stressed the importance of winning the open seat and creating a new power dynamic.

“We need to make sure we earn the trust and confidence that Minnesotans have put in us, and we do everything we can to work together, better that we ever have before, to make sure we win the governor’s office in two years,” Daudt said. “We will have complete control of state government for the first time ever in the state of Minnesota.”

Insert your own cliche about change and hypocrisy here.

Photo: Senator Rosen's stuffed bull was moved into the new office building. Photo by Glenn Stubbe, Star Tribune.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

Earlier this week, Bluestem crossposted Stewart Mills is wasting his money on a recount, by Max Hailperin, Professor Emeritus of Mathematics, Computer Science, and Statistics at Gustavus Adolphus College. In 2014, Hailperin was awarded the National Association of Secretaries of State (NASS) Medallion “in recognition of his service and contributions to election-related technology and legislation."

Mills could have read the post (or used some common sense) and spared everybody some time and money. Instead, he had to get both sides mobilized before he discovered what Hailperin discussed. Bluestem doesn't think that math is for smartypants; instead, those formulas pretty much work the same for everyone.

Fortunately, Mills came to his senses in time to let county election staff and volunteers from both parties spend the time with their families in this festive season.

Stewart Mills dropped his effort for a recount in the 8th Congressional District race against incumbent U.S. Rep. Rick Nolan.

Nolan, DFL-Crosby, defeated the Republican challenger Mills on Nov. 8 by 2,009 votes, or 0.56 percent, just shy of an automatic recount.

Mills said earlier in the week he would request a recount at his own expense, but withdrew the effort Friday and said he would donate a portion of the money to The Salvation Army. . . .

Minnesota’s Secretary of State’s office said a recount would cost Mills $102,053. A margin of victory of 0.5 percent would have triggered an automatic recount paid for by the state. Mills said earlier this week he had offers to cover some of the cost, and would seek donors before paying for the rest out of pocket.

In the end, Mills said the “cost estimates of this recount in terms of volunteer time and expense was excessive.”

Nolan commended Mills’ decision to withdraw the request in a statement Friday.

“A carefully selected state audit of the results in each of the 18 counties found each of us gaining 1 vote, for a net change of zero. Given the precision and accuracy of Minnesota’s election system, it was extremely unlikely the outcome would change,” Nolan said in a statement.

Both candidates also tipped their caps to state and county election workers for their work.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

Nov 30, 2016

Stewart Mills, a repeatedly unsuccessful candidate for Minnesota’s 8th Congressional District, has decided to pay for a recount of his race, which was not close enough to qualify for a free recount. MPR’s Brian Bakst reported that Mills said “we are well within the margin where a hand recount, where human eyeballs on every ballot could make the difference between victory and defeat.” Bakst also reported that “he’s not alleging fraud or impropriety. But he said people might not have properly darkened ovals or could have left stray marks on their ballots that confused the counting machines.” In other words, Mills is making three claims:

The recount will not find signs of fraud or improper tabulation. Instead, the problems found will be limited to those that affect individual ballots, such as improperly filled ovals.

The recount does stand a good chance of finding such ballots.

The number of such ballots found might be “well within” the range that would make a difference in the election outcome.

Of these three claims, the first two are based in fact. The third is not.

There are no large tabulation errors to find

Because the total number of ballots cast in each precinct is matched to the number of voters who signed in, the only way for the tabulation to be wrong is by assigning the votes to the wrong candidate. This can happen even without fraudulent tampering. If we look for historical precedents across the nation, rather than only in Minnesota, scanners have on rare occasion been misconfigured so that two candidates’ positions on the ballot are swapped, resulting in their vote counts being attributed to each other. Pre-election testing is supposed to catch such errors, but on rare occasion (again, outside Minnesota) the testing has been negligently performed such that the error slipped through.

However, even if we aren’t willing to credit Minnesota’s election officials with being more careful than their peers, or we are concerned the same effect could be achieved through skillful tampering, we can be sure that thousands of votes haven’t been shifted in this way. There are two options for how a large shift could occur: by shifting a few votes in each of a large number of precincts, or by shifting a large number of votes in a few precincts. (The former would include swapping the vote counts in lots of close precincts, while the latter would include swapping the counts in a few precincts that Mills won by a large margin.) We can rule out each of these two possibilities, for different reasons.

Mis-tabulation spread thinly over many precincts is precisely the kind of problem that Minnesota’s post-election review (audit) is well equipped to detect. A random sample of precincts in each county already had their ballots hand counted for comparison with the scanners’ counts. If large numbers of precincts had been mis-tabulated, the chances are very high that one of those precincts would have been chosen for review.

A few precincts with major shifts, on the other hand, would have attracted attention. For example, if some heavily DFL-leaning Duluth precincts had gone lopsidedly for Mills rather than Nolan, everyone would have noticed the oddity.

Some non-machine-readable votes will likely be discerned

Minnesotans have looked at millions of optical scan ballots in the 2008 recount of the Coleman/Franken race for US Senate and the 2010 recount of the Dayton/Emmer race for Governor. We know that some voters indicate their intent in non-standard ways. If enough ballots are looked at, some of these non-standard ones will surely be found. In addition to the incompletely filled in ovals that Mills mentions, I wouldn’t be surprised if a ballot turned up where the voter had circled the candidate’s name rather than marking the oval at all. We might even see a case where someone filled in both candidates’ ovals, put an X through one of them, and put an arrow pointing at the other with the words “this one.” These are not far-fetched conjectures. They are actual experience from past recounts.

The number of such ballots will, however, be too small to matter

The prior recounts also give us an indication of how common it is to find voter intent expressed in a non-machine-readable fashion. The answer may depend to some degree on how hard the candidates are looking for votes. In 2008, more were found than in 2010. However, even in 2008 the numbers were in the hundreds, not thousands. For example, in Saint Louis County (which provides about 1/3 of the 8th District’s votes), Franken picked up 112 votes in the recount and Coleman gained 53. A third-party candidate also gained 8 votes.

Extrapolating from the 2008 experience, neither Nolan or Mills can pick up more than 350 votes in the recount. Based on the 2010 experience, the actual numbers may be substantially smaller.

Chances are that the net change in the vote margin will be smaller yet, because the two candidates extra votes will tend to cancel out. (For example, in the 2008 numbers I quoted above, Franken netted only 59 votes, as 53 of his 112 were offset by Coleman’s gains.) However, even if it is only Mills’s supporters, and not Nolan’s, who fill out their ballots in non-machine-readable ways, nothing in the historical record suggests he could pick up enough new votes to overcome his deficit of 2,009 votes. That number just isn’t “well within” the range, whatever he may say.

Minnesota’s threshold for free recounts was carefully chosen. I was among the experts who helped shape the legislators’ deliberation on the bill that established that threshold. They strongly valued ensuring public confidence in election outcomes, so they set the threshold conservatively high, to be absolutely sure that any election with a legitimately doubtful outcome would qualify. Any candidate who chooses to fund a recount above that threshold is apt to be wasting their money. Stewart Mills, whose margin of defeat is more than twice the threshold, is surely doing so.

Max Hailperin is Professor Emeritus of Mathematics, Computer Science, and Statistics at Gustavus Adolphus College; he earned his Ph.D at Stanford and S.B at the Massachusetts Institute of Technology. In 2014, he was awarded the National Association of Secretaries of State (NASS) Medallion “in recognition of his service and contributions to election-related technology and legislation.” He was appointed by Governor Mark Dayton to the Electronic Roster Task Force in 2013.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

Nov 26, 2016

November 8th marked a big day for cannabis advocates. Ballot questions were passed in four states legalizing adult use, and four more states legalized medical cannabis. Sensible Minnesota congratulates the tireless efforts of advocates in California, Maine, Massachusetts, and Nevada for legalizing adult use and in Arkansas, Florida, Montana, and North Dakota for medical use. We also applaud the hard fight put up by advocates of adult us in Arizona who were ultimately overcome by a reefer madness ad campaign funded by Chandler pharmaceutical, a company which manufactures fentanyl, and Discount Tire. The Drug Policy Alliance has provided a breakdown of the different ballot questions, as well as commentary on the presidential election, available here.

November 8th also elected a new president who will take office on January 20, 2017. With the changing administration, we may also see a changing policy for how the federal government enforces cannabis laws. Under the current Obama Administration, federal cannabis prohibition laws are enforced based on a series of executive orders of the Attorney General’s office. These executive orders were issued under former Attorney General Eric Holder’s watch and outline eight priorities for cannabis prohibition enforcement:

Preventing the distribution of cannabis to minors;

Preventing revenue from the sale of cannabis from going to criminal enterprises, gangs, and cartels;

Preventing the diversion of cannabis from states where it is legal under state law in some form to other states;

Preventing state-authorized cannabis activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;

Preventing violence and the use of firearms in the cultivation and distribution of cannabis;

Preventing drugged driving and the exacerbation of other adverse public health consequences associated with cannabis use;

Preventing the growing of cannabis on public lands and the attendant public safety and environmental dangers posed by cannabis production on public lands; and

Preventing cannabis possession or use on federal property.

The new presidential administration will likely set new policies in regards to enforcement priorities of federal cannabis prohibition. The president-elect has indicated his support for both medical cannabis and the states’ right to regulate cannabis for adult use, but many of his closest advisors, including New Jersey Governor Chris Christie and Vice President-Elect Mike Pence, have expressed adamant opposition to cannabis legalization.

On Thursday, November 18th we learned that the president-elect plans to appoint Alabama Senator Jeff Sessions as Attorney General. Senator Sessions, along with his partner in crime Senator Chuck Grassley of Iowa, have been adamantly opposed to cannabis legalization efforts, for both medical and adult use. Just in April, at a Senate drug hearing, Sessions said “we need grown-ups in charge in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that’s in fact a very real danger.” Sessions, a big fan of Nancy Regan’s ‘Just Say No’ campaign in the early 1980’s went so far to say that the Obama Administration’s policies reverses “20 years almost of hostility to drugs that begin really when Nancy Regan started ‘Just Say No.’”

Senator Sessions is a “worse than worst case scenario” for the movement, but we’re hopeful the president-elect influences his policy choices by continuing the policies set forth by the Obama Administration. This is also an opportunity for the U.S. Senate to fail confirmation of Sessions, and stand firm against prohibition. Those in the industry, advocates, patients, and consumers should follow this closely, contact their Senators, and be on high alert for federal enforcement on January 21, 2017.

An additional level of protection, at least for patients in medical states, is the Rohrabacher-Farr amendment that prohibits the Department of Justice, including the Drug Enforcement Administration, from using funds to arrest or prosecute patients, caregivers, and businesses operating in compliance with state medical cannabis laws. This amendment was passed as part of a larger appropriations bill that deals with federal government spending.

The appropriations bill is passed annually and addresses the government’s discretionary spending. In 2015, amendments, including the Rohrabacher-Farr amendment, protecting states with medical cannabis and hemp programs were passed by wide margins, we expect these amendments to remain in place. However, another amendment that would prohibit the use of federal funds for enforcement in states that permit adult use failed 202-222 in the Republican controlled House.

We do not know if a Republican-controlled Senate will provide funds for enforcement of federal law. If they don’t renew the Rohrabacher-Farr amendment and other defunding measures, expect full enforcement by the federal government under an Attorney General Jeff Sessions.

Minnesota

Many Minnesotans are also wondering what the outcome of our state elections mean for cannabis policy right here at home. As you may know, Republicans won control of the Senate and the House of Representatives, and a Democratic Governor remains in office through 2018. We understand there is a great need to not only expand allowable conditions under Minnesota’s current medical cannabis program, we need to also see expansions such as allowing plant materials which is cheaper to get to retail, additional providers of medical cannabis, and allowing patients who do not live near a patient care center to grow at home.

Although we are optimistic the Republican-controlled Legislature will work hard to expand patient access, historically, Republican controlled legislatures in Minnesota have been difficult for advocates to work with. In 2014, the current medical cannabis legislation was passed by the DFL controlled Senate with a 48-18 vote. Republican Senators Benson, Chamberlin, Housley, Newman, Pratt, and Senjem voted in the affirmative and were reelected in 2016, so it is our hope that one or more of these Senators will step forward to help gain better access for more patients.

In the House of Representatives, Republicans will retain control, and we expect to find the biggest roadblock to be in the Public Safety Committee, previously chaired by Rep. Tony Cornish who has been a staunch opponent of pro-cannabis legislation and criminal justice reform in the past. We are hopeful that the House Republicans will appoint a Public Safety Chair who will not obstruct progress for political gain, but rather will hold hearings on any proposed pro-cannabis legislation. Whether this is Rep. Cornish or another Republican leader, we believe this will be the biggest roadblock in the reform movement.

In analyzing the results of Minnesota’s legislative election, we look to the party platforms for guidance in how we expect the controlling majority may act. The Minnesota GOP passed two platform resolutions regarding cannabis policy, one in favor of medical use and one opposed to adult/recreational use. As an aside, the DFL passed an action agenda item in 2016 supporting the legalization of both medical and adult-use cannabis.

We don’t expect to see any major changes to the current legislation, nor do we expect the Minnesota GOP controlled legislature to pick up the topic of adult use. It will be up to Minnesota in 2018 to elect pro-cannabis candidates to engage in real reforms.

This post first appeared on the Sensible Minnesota blog on November 21, 2016.

Vice President/Treasurer of Sensible Minnesota, Maren Joyce Schroeder is a paralegal and Qualified Rule 114 Neutral for Borgos Law, PLLC, has nearly ten years of experience working in various areas of law including financial, corporate, intellectual property, nonprofit, tax, and criminal defense.

She has a B.S. in Paralegal Studies and an M.B.A. in Legal Administration. Maren is a PACE Registered Paralegal and a Minnesota Certified Paralegal. She serves as the Regulation Review Coordinator for the NFPA and the Director of Professional Development for the Minnesota Paralegal Association. As the chair of MPA’s Regulation Committee, she worked in 2014 to develop the Minnesota Certified Paralegal program. A member of the Minnesota State Bar Association, she was recently appointed to the MSBA’s Task Force on Alternative Legal Services Models. Also active in the community, Maren serves on her city’s Planning & Zoning Commission, is a volunteer crisis advocate for victims of sexual assault, and is a volunteer family and school mediator.

Correction: Bluestem Prairie had incorrectly attributed authorship of this post to another officer of Sensible Minnesota. We regret the error.

Photo: This is what legal medical cannabis looks like in Minnesota: an extract or oil from one of two companies that grow and process the plant. Whole plants (leaves) for smoking? Not allowed.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

"Car rental taxes are an easy target for politicians because they only affect visitors, not residents, right? Wrong. Short term rental services have sprung up, catering to downtown residents and others who don't need or want the cost and upkeep of owning a vehicle. But the service couldn't survive with the high rental car taxes plus the high local taxes and fees in the twin cities. It was a double whammy. So Car2go will be gone by the end of the year."

Anderson adds the headnote: "interesting maybe something that could be fixed in the legislative session."

That might be a little--how do we say?--awkward, given that Representative Jeff Backer favors the Minnesota Republican caucus transportation plan, or so he told Morris's KMRS-KKOK Radio in February's State Representative Backer on Transportation Plan:

Ahead of this Friday’s February Budget Forecast, Representative Jeff Backer, R-Browns Valley, is urging support for a long-term transportation plan that would invest $7 billion in state roads and bridges over the next 10 years without an increase in the gas tax. In total, the plan would repair or replace more than 15,500 lane miles of road and 330 bridges statewide.

“As I have traveled across the district, I consistently hear from constituents about the need to improve our roads and bridges,” said Backer. “Our plan not only makes significant investments in our transportation infrastructure, it does so without implementing a harmful gas tax increase.”

Over the next ten years, the Republican proposal invests:

$4.03 billion for state roads $1.44 billion for county roads $583 million for municipal roads $282 million for small cities under 5,000 $139 million for Greater Minnesota bus services $60 million for township roads & bridges

The Republican proposal creates a special fund called the Transportation Stability Fund that collects existing proceeds from dedicated tax revenues and deposits them into accounts for each of their dedicated purpose. There are five accounts that would dedicate a combined $3.078 billion over ten years:

Backer repeated his support for using existing car rental taxes for the Small Cities Account in a March 2016 legislative update. Nice of him and his conservative colleagues to grab those high rental taxes from an urban car service and other rentals to pay "for street and road repair over the next ten years for communities that have less than 5,000 residents."

Predictably, conservatives in the PiPress's comment section are blaming the rental vehicle tax on those darned liberals, while the intern who wrote the article doesn't seem to have thought to mention that redirecting the tax from general revenues to the proposed "Transportation Stability Fund" is a key feature of the Republicans' avoidance of raising the gas tax.

Perhaps they could save Car2Go and lower or eliminate the vehicle rental tax--but then Backer and his pals have to find another money pot somewhere to rob for the the Metro Capital Improvements Account and the Small Cities Account.

What additional programs paid out of general funds (diverted under to the plan to the new fund) will get the axe? Mental health funding? Local government aid? Daycare for the children of the working poor? The possibilities are endless--but we doubt the legislators' mileage requests will be in play.

Screengrab: We must say, politicians like those in the Minnesota House Republican Caucus most certainly did find the pot o' money collected with car rental taxes to be an easy target when proposing to raise more money for roads and bridges while not raising gas taxes. Cough.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.

Nov 19, 2016

Following a community meeting at St. Dominic's Church in Northfield Sunday at which people shared "their worries, concerns and even alleged instances of discrimination in town," Northfield's City Council passed a resolution promoting a "safe, inclusive and welcoming community," the town paper reports.

Since the United States presidential election Nov. 8, several Northfield Latino community members have been voicing their worries, concerns and even alleged instances of discrimination in town.

At Tuesday's City Council meeting, community members asked for the city to provide a display of support for minorities in Northfield, and the council answered. In a 6-1 vote, councillors passed a resolution "affirming the city of Northfield's commitment to be a safe, inclusive and welcoming community for all.” . . .

All of this comes on the heels of a meeting at St. Dominic's Church in Northfield Sunday. About 100 residents, white and minority, gathered at the church to share concerns, worries and solutions for living in the United States after a contentious national election.

Many across the nation have worried that the recent election results are cause to believe that a large percentage of Americans are unwelcome to certain populations. Those fears were presented and talked about at Sunday's meeting.

"The community gathered to talk about what’s going to be happening with [Donald] Trump as president-elect," said one of the organizers and speakers Marlene Rojas. "There were so many concerns in the community about kids being bullied in the schools and also adults in the workplace."

Rojas went on to describe a few specific stories brought forward by community members.

"One of the testimonies... this man works at a local business, and one of the clients came in and told him 'he better pack his suitcase because you’re going to be deported soon,'" she recalled.

"Another man shared that some co-workers showed him videos of people burning the Mexican flag," she went on. "The same man's son came home crying and said he doesn’t want to go back to school, because some kids told him he is going to get deported."

Northfield School District Superintendent Matt Hillmann was on hand to express his support for the community, saying that he will be working hard to ensure discrimination does not take place in the schools.

Mayor-elect and current city councilor Rhonda Pownell was also on hand. Community members asked her to lead action at the city level to put protections in place against discrimination. . . .

As the results of the election came in, some people rejoiced and others felt disappointment. This is a normal part of democracy. However, many in Northfield and across our nation felt great anxiety and fear.

Northfielders filled St. Dominic Church Sunday in support of our neighbors whose future now may feel uncertain. In that meeting, we both heard and reinforced two messages: Discrimination of any kind will not be tolerated here; and all people, regardless of race, sex, gender identity, sexuality, religion or culture, are important to our community.

To this end, the City Council passed a resolution Tuesday to reaffirm, “Its commitment to the equal protection of and service to all residents and visitors, regardless of background or identity.” Through the leadership of our Human Rights Commission, we will be working with all parts of city government to improve areas where our community can be more equitable. With this resolution, we also affirm that the city of Northfield, including the Police Department, does not and will not use city resources for the purpose of enforcing federal immigration laws.

Since many of the concerns around the election involve families with children, we encourage residents to read the statement by Northfield’s Superintendent of Schools, Dr. Hillmann, which underlines the community’s determination to make all children in Northfield Schools safe and welcome: http://northfieldschools.org/nfldlead/2016/11/177/.

The diversity of our community enriches all of our lives. Taking the time to get to know people who are different from us, to walk a mile in their shoes or to feel their pain and anxiety will only serve to make us better. As current and incoming mayors, we urge our community to be compassionate to all, and pledge our own work to ensure safety, well-being and equal opportunity for Northfielders.

I, along with several other school staff, attended a meeting at the Church of St. Dominic yesterday afternoon. Father Dennis Dempsey organized the meeting so members of the Hispanic community could share their concerns and anxieties following last week’s presidential election. The church was nearly full and included a cross-section of the larger Northfield community who attended to support our Hispanic friends and neighbors.

The speakers shared their concerns and almost all shared worries for their children and how they are treated. They shared some specific concerns of insensitive/inappropriate comments made to their children by other children at school. They also shared concerns about things they have heard happening to Hispanic and children of color in other communities.

An immigration lawyer spoke and explained that while he understood the anxiety over immigration law, policy, and deportation. He reassured the community that the election would not have immediate impact on immigration law and policy. He stated he was very confident that everyone who was at the meeting would be here four years from now. He stated he would be available for those who had specific concerns.

Mayor-elect Rhonda Pownell and I spoke at the meeting too. Both of us stated clearly that Northfield is a place where hate and discrimination will not be tolerated. I explained to families that District administrators, teachers, and staff support their children unequivocally and not only want them to feel safe, but valued. I encouraged them to report any incidents of inappropriate comments, harassment, or discrimination to their teachers or principals. I assured them we have policies and procedures in place to follow up and address any concerns or incidents that may occur.

Regardless of politics, it is clear that we are experiencing unprecedented conditions following a national election. We are prepared to support every student in our school. We have systems in place and a strong common belief that all students are welcome in our schools and we will ensure a respectful envrionment for them to learn. Our staff is steadfast in their commitment to greet students each day with a warm smile, to be visible and present in our halls and common spaces, and to demonstrate ongoing care for our students. Our staff will be vigilant and intervene in situations where there are behavioral issues. I cannot emphasize this enough — please report any incidents of inappropriate comments, harassment, or discrimination to building administration. When they have specific details, they are well trained in how to address these kinds of concerns.

Northfield Public Schools staff is dedicated to preparing every student for lifelong success. We stand ready to partner with our community to realize this vision and to reinforce that Northfield is a place where all are welcome to live, work, and learn.

Photo: Northfield's motto welcoming people to the college town south of the Cities in Rice County.

If you appreciate our posts and original analysis, you can mail contributions (payable to Sally Jo Sorensen, 33166 770th Ave, Ortonville, MN 56278) or use the paypal button in the upper right hand corner of this post.